Terms of Service - ShareASale
By signing up to be an Affiliate in the PriceSmile Affiliate Program in ShareASale ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
PriceSmile reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www. PriceSmile.com/affiliate/terms
Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not use the Affiliate Program to earn money on your own PriceSmile product accounts (self referral).
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Identifying yourself as a PriceSmile Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of PriceSmile Inc., or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
The technical operation of your site and all related equipment
Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libelous or otherwise illegal
Recurring Commissions and Cookie Duration
The commission is a percentage of the fee(s) that the customer has paid to PriceSmile. Commissions are only earned if a customer makes a payment. If they cancel their account within the 30-day free trial you will not be eligible for any commission.
For a Product sale to be eligible to earn a commission fee, the customer must sign-up for a PriceSmile paid Pro account within 45 days of getting to a Product Site through a Affiliate Link from your site, email, or other communications and make first payment within 60 days of signing up. Commission can only be earned for customers that sign-up for Pro Plans or if a customer upgrades to the PriceSmile Pro plan and makes first payment within 60 days of signing up.
Affiliates that refer customers and are eligible for commission will be entitled to a commission percentage for all fees that PriceSmile collects from that customer for up to a maximum of 12 months.
Recurring commission will only be eligible during the period in which PriceSmile has collected fees from the customer for a maximum of 12 months.
If at any point PriceSmile does not collect fees from the affiliate referred customer, the referring affiliate will become ineligible to receive commission for any future fees collected from the customer.
Commissions will be void for customers that ask for refunds or credits for the first month's bill. We reserve the right to disqualify commissions and terminate affiliate accounts for affiliates that repeatedly refer customers that ask for refunds or credits.
Commission structure is subject to change at our discretion. We will notify all Affiliates 30 days prior to a commission structure change. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
All affiliate payments will be paid by ShareASale and fall under the payment terms of ShareASale. For more information, please visit https://shareasale.com/agreement.cfm.
Affiliate Accounts in Multiple PriceSmile Programs and Dual Commission
We do not allow our affiliates to have an active PriceSmile affiliate account in multiple networks. Affiliates are only permitted to have one active PriceSmile affiliate account in one of our programs.
In the case that you have multiple affiliate accounts, you are encouraged to contact your program manager to inform them of which account you wish to keep active.
In the case that you fail to notify your program manager, PriceSmile reserves the right to deactivate account(s) as we see fit in accordance to our terms.
Any commission balances for accounts that are to be deactivated will be settled prior to deactivation. In the case that an affiliate in multiple networks earns dual commission from the same transaction, the affiliate will only be credited to the account that has a current balance unless otherwise stated.
In the case that two affiliates in different networks earn commission on the same transaction, the affiliate that generated the last click prior to the concluded action will receive the commission.
Trademark and Search Engine Marketing
PriceSmile ™ is a trademark of PriceSmile Inc.
Affiliates are prohibited from bidding on trademarked/branded terms, as well as misspellings/variations thereof, including, but not limited to: PriceSmile, PriceSmile.com,www.PriceSmile.com, and PriceSmile. Use of trademarked/branded terms in longtail keywords is also restricted, but may be allowed with permission. For inquiries or to request permission, please contact the account manager at affiliate@PriceSmile.com.
Affiliates may not use PriceSmile.com or www.PriceSmile.com as the display URL in any search ad. The use of PriceSmile.com or any variation is allowed in the display URL in search ads ONLY after the root URL (Example:www.affiliatesite.com/PriceSmile).
Affiliates must not use any illegal, deceptive or misleading claims in ad copy. Affiliates are also prohibited from including the phrase "Official Site", official language, or trademark symbols in ad copy. Affiliates may not include PriceSmile or any misspelling or variation in ad copy.
Affiliates are prohibited from direct linking.
Affiliates MAY NOT bid on any trademarked terms, or variations or misspellings of those terms. Any other terms are free to be bid on. Affiliates MAY NOT link directly from your ad to any page on our site and they MAY NOT use our site URL as your display URL, however, both of these restrictions are open to negotiation for top performing affiliates. If you have any questions regarding a planned campaign, feel free to contact your account manager ataffiliate@PriceSmile.com.
Website Content and Domain Names
Affiliates may not register or purchase domain names including the term PriceSmile or any misspellings or variations. Affiliates promoting PriceSmile in this manner will immediately be removed from the PriceSmile Affiliate Program and all associated transactions will be reversed. PriceSmile may not be used as a subdomain (Example: PriceSmile.example.com), however, it may be used as a directory of your domain (Example:www.example.com/PriceSmile).
Affiliates may not promote PriceSmile on websites that contain any form of misleading, defamatory, obscene, adult, bigoted, illegal, software, spiderweb marketing or any other content deemed offensive by PriceSmile. PriceSmile will also not accept applications that include non-working websites, blogs without content, or parked domains.
Coupons and Promotional Codes
Affiliates may only use active coupons and promotional codes that are provided exclusively through the PriceSmile affiliate program.
Affiliates are not permitted to promote coupon or promotional codes from PriceSmile's non-affiliate program marketing efforts, such as email promotions.
Affiliates are not permitted to promote coupon or promotional codes that are exclusively offered to other affiliates (exclusive/vanity codes).
Affiliates are not permitted to alter coupon or promotional terms to mislead customers. If the coupon or promotional code has an expiry date, the date must be clearly stated.
Use of Software
PriceSmile defines Software as downloadable, opt-in software monetised through affiliate links such as, but not limited to: toolbars, applications, browser plug-ins and extensions, adware, spyware, loyaltyware and widgets.
Any use of downloadable software must clearly state the function and purpose of the software to customers and be in accordance to generally accepted practices and our program terms regarding software technology.
Affiliates that offer downloadable software must notify the PriceSmile program manager of the software and state the purpose and function of the software.
Software must not auto-redirect customers.
Software may not contain any malware such as, but not limited to; bots, trojans, viruses, worms, etc.
Software must allow an opt-in and must not be installed to a computer or mobile device without consent.
Software must be easily removed/uninstalled from computers or mobile devices and instructions must be clearly stated and easily accessible.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to any Product Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. PriceSmile reserves the right to end the Program at any time. Upon program termination, PriceSmile will pay any outstanding earnings.
PriceSmile, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other PriceSmile service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. PriceSmile reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Product Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
The Terms of Service constitutes the entire agreement between you and PriceSmile and govern your use of the Service, superseding any prior agreements between you and PriceSmile (including, but not limited to, any prior versions of the Terms of Service).
PriceSmile Affiliate Program Terms of Service - ShareASale v1.0